Federal · Title 21 — Food and Drugs

21 U.S.C. § 379d: Hiring authority for scientific, technical, and professional personnel

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The Secretary may, notwithstanding title 5, governing appointments in the competitive service, appoint outstanding and qualified candidates to scientific, technical, or professional positions, including cross-cutting operational positions, that support the development, review, and regulation of medical products and the regulation of food and cosmetics. Such positions shall be within the competitive service. the annual rate of pay of any individual appointed under subsection (a); and for purposes of retaining qualified employees, the annual rate of pay for any qualified scientific, technical, or professional personnel appointed to a position described in subsection (a) before December 13, 2016 . The annual rate of pay established pursuant to paragraph (1) may not exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3 . The annual rate of pay provided to an individual in accordance with this section shall be publicly available information. The authorities under this section shall not be construed to affect the authority provided under section 379d–3 of this title . an updated analysis of the workforce needs at the Food and Drug Administration and the Secretary’s strategic plan for addressing such needs, including through use of the authority under this section; an analysis of how the Secretary has used the authorities provided under this section, and a plan for how the Secretary will use the authority under this section, and other applicable hiring authorities, for employees of the Food and Drug Administration; and recruitment through nongovernmental recruitment or placement agencies; recruitment through academic institutions; recruitment or hiring bonuses, if applicable; recruitment using targeted direct hiring authorities; and retention of qualified scientific, technical, and professional employees using the authority under this section, or other applicable authorities of the Secretary. The report under paragraph (1) may include the recommendations of the Commissioner of Food and Drugs that would help the Food and Drug Administration to better recruit and retain qualified individuals for scientific, technical, or professional positions at the agency.

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